Conviction of Hillsboro man sentenced to 22 years in prison upheld by Fourth District Court of Appeals

The Fourth District Court of Appeals recently upheld the conviction of a Hillsboro man sentenced in 2023 to 22 years in prison for engaging in a pattern of corrupt activity for his role in a drug trafficking enterprise.

As previously reported, Richard Wayne “Scoots” Johnson, 52, of Hillsboro, was indicted in January 2023 on 12 counts, including: engaging in a pattern of corrupt activity, aggravated trafficking in methamphetamine and aggravated possession of methamphetamine, all first-degree felonies; aggravated trafficking in drugs and aggravated possession of drugs, both third-degree felonies; receiving stolen property, a fourth-degree felony; two counts of possession of cocaine and one count each of aggravated possession of methamphetamine and aggravated possession of a fentanyl-related compound, all fifth-degree felonies; receiving stolen property, a first-degree misdemeanor; and a forfeiture specification.

Following a one-day trial, a jury seated in Highland County Common Pleas Court found Johnson guilty of all charges in June 2023. He was sentenced to a minimum of 22 years and nine months in prison, including 10 years for the engaging in a pattern of corrupt activity count.

On appeal, Johnson, who was represented by attorney Steven Eckstein, argued that his “condition for engaging in a pattern of corrupt activity is against the manifest weight of the evidence.” In the appellate court decision written by Judge Peter Abele and published May 29, Johnson’s lone argument was overruled.

“We cannot say the jury lost its way and created a manifest miscarriage of justice,” the appellate court decision says.

According to the Court of Appeals decision, Johnson based his argument on the fact that “because the prosecution’s case-in-chief to prove the existence of a criminal enterprise rests solely upon appellant’ co-defendant, who, in exchange for her testimony received a favorable four-year prison sentence with judicial release after two years, the jury’s verdict is against the manifest weight of the evidence.”

Johnson was indicted with his former girlfriend, Kassie Brigner, 28, who pleaded guilty in March 2023 to aggravated trafficking in drugs, a third-degree felony; one count each of possession of cocaine, aggravated possession of methamphetamine and aggravated possession of a fentanyl-related compound, all fifth-degree felonies; and a forfeiture specification. She was sentenced to 59 months in prison, and according to the Ohio Department of Rehabilitation and Correction, remains incarcerated.

Brigner was brought in from the Ohio Reformatory for Women in Marysville to testify at Johnson’s trial. She said “she’d hoped Scoots would do his part” and plead guilty as she had done, so she wouldn’t have to testify. Brigner testified that she had been an addict for 12 years, using meth, fentanyl and heroin. She met Johnson because he had sold her drugs, she said, and they started a relationship. While they were together, Brigner testified that she had watched Johnson sell drugs, and she assisted, to support her own habit.

Brigner said that they would buy meth and resell it at a higher price, going to “the city” to stock up on drugs. She also testified that she had witnessed Johnson trading drugs for other items, including stolen property. According to Brigner’s testimony, on the day she and Johnson were apprehended in September 2022, they were getting ready to flee their home because they thought indictments were coming out against them that day.

The Court of Appeals decision said that Johnson “argues that the testimony of … Brigner should not be deemed to be credible.

“Appellant points out that, in exchange for her testimony, Brigner received a ‘sweetheart deal’ in her criminal case that resulted in a 59-month prison sentence with a promise of no opposition to judicial release,” Abele wrote in the appellate decision. “Furthermore, appellant contends that other factors undercut Brigner’s credibility, including her 12-year addiction to heroin, fentanyl and methamphetamine.

“Second, [Johnson] claims that the prosecution did not prove that he and Brigner engaged in an enterprise that included both a relationship and continuous activity that functioned with a common purpose. Thus, [Johnson] should be considered a ‘lone’ drug dealer who acted as an individual rather than engaging in a criminal enterprise.”

Abele said Highland County Prosecutor Anneka Collins “argues that the the evidence adduced at trial, if believed, established that appellant and Brigner worked together to acquire and distribute narcotics, with a value that exceeded $1,000.”

Abele wrote that “credibility generally is an issue for the trier of fact to resolve.

“Although appellant attacks the credibility of his co- defendant’s testimony in light of the very favorable plea agreement that she negotiated with the prosecutor, we first point out that the trial court instructed the jury, pursuant to R.C. 2923.03(D), to cautiously weigh her testimony,” the appellate court decision says. “In addition, appellant’s trial counsel explicitly questioned the motives of the witnesses who received the benefit of the plea agreement.”

As reported by The Highland County Press, during her closing arguments at trial, Johnson’s attorney, Katherine Memsic, told the jury that Brigner “cut a deal with the state” for a possible reduced sentence. “[Brigner’s] freedom is on the line,” Memsic told the jury. “Please take that into consideration. Is that a credible witness to you?”
 
“Here, the jury heard the testimony and could determine whether to credit all, part, or none of the testimony,” Abele wrote. “Absent unusual circumstances, appellate courts will generally defer to a jury's credibility assessment.

“The fact that the testimony of a co-defendant constituted the primary evidence against appellant does not, standing alone, render appellant’s convictions against the manifest weight of the evidence.”

Abele wrote that an appellant is “not entitled to a reversal on manifest weight grounds simply because some inconsistent evidence may exist at trial.

“The jury received the evidence, evaluated the credibility of the evidence, including Brigner’s testimony, presented during the trial and found appellant guilty of the offenses,” the appellate court decision says. “The jury, in the best position to hear testimony and to assess witness credibility, chose to believe the state’s witnesses when it resolved any issues and conflicts in the evidence, including conflicts in appellant’s co-defendant’s testimony. This is the function of the trier of fact.”

According to the ODRC, Johnson is incarcerated in the London Correctional Institution and has been in prison since July 7, 2023. His expected release date/parole eligibility date is March 19, 2046, at which point he will be 74.

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